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Many students are surprised to learn that contracts made orally are generally enforceable, unless the subject of the agreement falls within the scope of the
Many students are surprised to learn that contracts made orally are generally enforceable, unless the subject of the agreement falls within the scope of the Statute of Frauds or another statutory requirement for writing. Students are even more surprised when they learn that courts will refuse to enforce an agreement that the parties essentially agree was made but that did not comply with the Statute. In the text and lectures, we learned about several specific types of agreements for which a written memorandum is required. For this discussion board, please choose one or two of these types of agreements and explain the basic rationale for the writing requirement for that specific agreement. Please also discuss you view on whether absence of a written memorandum alone should be sufficient to make such an agreement unenforceable. Finally, let us know if there are other types of agreements that you think should be unenforceable without a written memorandum.
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The Statute of Frauds and the Importance of Written Agreements The Statute of Frauds is a legal concept that requires certain types of contracts to be ...Get Instant Access to Expert-Tailored Solutions
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